1.1 These General contract Terms establish the terms and conditions which will cover the travel services rendered by “Takeoff Surf Travel”, a brand which is operated by Movimento Viagens – Viagens e Turismo Unipessoal, Lda, the head office of which is located at Centro Cultural de Belém, Rua Bartolomeu Dias, 1400-026 Lisboa, Portugal, as Corporate Body 508425409, with a social capital of six million four hundred thousand euros, registered with the National Travel and Tourism Agents Registrar (RNAVT) under the number 2722 and henceforth referred to as AGENCY and complements the other particular terms which might eventually be agreed upon between the CLIENT and the AGENCY.
1.2 Should such particular terms exist, they supersede those of the General Terms and both these are superseded by any additional written conditions exceptionally agreed upon by the CLIENT and the AGENCY.
1.3 The services and products are offered to the CLIENT according to the terms and conditions listed herein.
1.4. In hiring the AGENCY the CLIENT recognizes and agrees to all the established terms and conditions.
1.5 Movimento Viagens - Viagens e Turismo, Unipessoal, Lda’s economic activity code is 79110 – Travel Agency’s Activities.
1.6 The General Terms herein conform to law 61/2011, of May 6th, with the alterations introduced by law 199/2012 of August 24th.
2.1 Upon registration and booking the CLIENT is to pay 100% of the total of the hired service.
2.2 If the tour which the CLIENT is booking is part of a personal or tour operator combination programme, and is not subject to automatic booking processes, then a down payment of 30% of the tour’s cost should be made, with the remaining 70% to be paid up to 30 days before the beginning of the tour.
2.3 Exceptions will be made in situations in which the providers impose different payment conditions from the abovementioned, regardless of how early the reservation is made, which conditions supersede these. If applicable, the AGENCY will inform the CLIENT of the amount to pay as soon as possible and it is the responsibility of the CLIENT to ensure that the respective payment is made to confirm the reservation.
2.4 The AGENCY reserves the right to cancel any registration which has not been paid for according to the conditions laid out above.
2.5 Reservations depend on confirmation of all services by the providers.
3. SPECIAL CONDITIONS FOR CHILDREN:
Given the variety of conditions applicable to children (destination and provider) one is advised to always inquire about special conditions which might be applicable to the specific tour.
4. RESERVATIONS OF ONE-TIME SERVICES
4.1 FLIGHT RESERVATIONS
4.1.1 The AGENCY books flights through a global booking system.
4.1.2 Information regarding availability, schedules, types of equipment, stopovers and airports is of the sole responsibility of the Airlines.
4.1.3 Before boarding the CLIENT should confirm departure time or times of the booked flight or flights directly with the airline or with the AGENCY. The AGENCY cannot be held accountable for changes made by the Airlines.
4.1.4 Departure and arrival times are in the local time of the respective country and according to the information provided by the respective Airlines.
4.1.5 Quoted prices may not include additional services, such as on-board meals, luggage, board transport (sports luggage), check-in, etc. If the relevant information is not provided when the booking is made, the CLIENT should contact the AGENCY.
4.1.6 In order to reduce the CLIENT’s travel costs, the AGENCY may offer travel options which result from the issuing of multiple tickets.
4.1.7 The prices quoted are generally restrictive and non-refundable. This information is provided before the reservation.
4.1.8 Some Airlines work with a code-share system, sharing equipment for certain destinations, so the actual flight may be operated by a different airline.
4.1.9 The issuing of a flight ticket establishes a contract between the airlines and the CLIENT. Passengers are subject to the specific transport conditions, which are listed on the ticket issued.
4.2 ACCOMMODATION RESERVATIONS
4.2.1 The AGENCY books hotel reservations through reservation centres and/or self-contracting or direct contracting with the hotel unit in question.
4.2.2 Any information regarding availability and price of the requested accommodation is the sole responsibility of the provider.
4.2.3 The prices quoted are dynamic and are subject to changes if the reservation is not made immediately.
4.2.4 The types of accommodation available are presented by the provider. Eventual special requests will be submitted to the provider, but cannot be guaranteed by the AGENCY.
4.2.5 Following the reservation, payment and confirmed receipt of the selected accommodation, the AGENCY will issue a voucher which will be delivered or emailed to the CLIENT and which should be presented at check-in.
4.2.6 The confirmation of a reservation made through the AGENCY will be communicated to the provider according to the terms established in the contract which, in certain cases, might not be immediately, especially in situations where the reservation is for a later date.
4.2.7 The hotel units supply a description of their facilities and services which only they are accountable for.
4.2.8 The group, classification and denomination of the accommodation are determined by the host country and may vary from the criteria used in Portugal. The listing of hotels and apartments presented is indicative, as are their categories. As far as accommodation is concerned, the following particular rules apply:
i) Apartments: The CLIENT is fully responsible for the information provided regarding the number of people (adults and children) who are to occupy the apartment. If more people than those in the reservation present themselves, those responsible for the accommodation can refuse entry.
ii) Hotels: The prices listed are per person and based on the occupancy of a double room. Not all hotels have triple rooms, so if an extra bed is placed in a double room, the level of comfort and quality may diminish. Regarding rooms compared to two large or one double bed, the triple is generally considered to be equivalent to the two large beds.
iii) Boats: prices presented are per person and based on the occupancy of one cabin.
4.2.9 Schedule: As a rule, rooms are normally ready for use after 14h on the day of arrival and should be vacated by 12h on the check-out day. Apartments will generally be available around 17h on the day of arrival and should be vacated at 10h on check-out day. Key delivery will normally be dealt with during regular office hours, at the reception or at a location indicated by the AGENCY. As for boats, check-in is usually around 16h on the day of arrival and these should be vacated by 10h on check-out day.
4.2.10 Half board or full board reservations will not include meals which coincide with flight times, transfers to and from the airport or layovers for connecting flights. For arrivals after 19h the first meal service will be dinner. On the last day, barring the possibility of a late check-out, the last hotel meal service will be breakfast.
4.2.11 Unless otherwise stated, drinks are not included in the full or half board reservations.
4.2.12 Any specific request of the CLIENT regarding meals is always subject to confirmation by the provider and may imply paying a supplement.
4.3 SURFING SERVICES
4.3.1 Unless otherwise stated in the particular terms or in the additional stipulations, the required gear for surfing, bodyboarding, stand up paddle, windsurfing, kitesurfing or others is not included. Rental of any other gear, regardless of the circumstances involved, including misplaced luggage during the tour, is not included.
4.3.2 The CLIENT should pay locally for any additional services not included in the original contract and which are offered and organized by the provider at the destination.
4.3.3 For residents of Portugal, the services hired in Portugal always include a specific insurance for wave sports (surfing, bodyboarding or SUP). CLIENTS who do not reside in Portugal should purchase such insurance in their country of origin.
4.3.4 By hiring the services, the CLIENT recognizes that he or she is fully fit to practice these sports, and the AGENCY cannot be held responsible, without prejudice to the general rules, for any situations which might arise from the practice of these activities.
4.4 CAR RENTALS
4.4.1 The AGENCY acts merely as an intermediary in car rental services, its role is limited to directing requests to the organizations which provide these services at the destination.
4.4.2 Information regarding price, type of vehicle, pick up point and any other information regarding the rental of the vehicle is of the sole responsibility of the selected service provider. The providers organize their fleet by categories, so the make and model of the vehicle associated to a certain category is merely indicative, it is only the category which is guaranteed at the time of the reservation.
4.4.3 By accepting the reservation, the CLIENT agrees to accept the conditions of the service provided by the company in question. The AGENCY cannot be held accountable for any non-compliance on the part of the provide.
4.4.4 The CLIENT is responsible for paying any extras which are contracted locally and not included in the originally quoted price.
4.5 OTHER SERVICE
4.5.1 Service requests are processed and replies are sent to CLIENTS by email, whenever possible, with a proposal.
4.5.2 Payment of services (even if only partial) is not sufficient to consider them reserved, since the price can change up to the moment of reservation.
4.5.3 Acceptance of the proposal by the CLIENT must be registered in writing and implies the payment of the registration price according to the terms laid out in 2. “Registration”.
5. INFORMATION FOR THE PURPOSE AND EFFECT OF LAW N.º 144/2015 OF SEPTEMBER 8th
In accordance with law N.º 144/2015 of SEPTEMBER 8th, the CLIENT is informed of the fact that he or she can appeal to the following Alternative Consumer Disputes Resolution Entities:
i) Provedor do Cliente das Agências de Viagens e Turismo in www.provedorapavt.com;
ii) Comissão Arbitral do Turismo de Portugal in www.turismodeportugal.pt;
iii) Or any other entity from the list provided by the Direção Geral do Consumidor in http://www.consumidor.pt which you are hereby advised to consult.
Complaints can only be considered if presented in writing to the AGENCY within a maximum of 30 days following the service rendered.
In cases of complaints for non-compliance of services contracted, the CLIENT can activate the Tourism and Travel Guarantee Fund, in accordance with law 61/2011 of May 6th, in its current formulation. In this case the complaint can be addressed to:
i) The CLIENT’s Ombudsman, seeing as Movimento Viagens - Viagens e Turismo, Unipessoal, Lda adheres to the Travel and Tourism AGENCIES CLIENT’s Ombudsman at www.provedorapavt.com. In order to use this service the CLIENT should present his or her complaint in writing within 20 days following the end of the tour. The ACENCIES are bound to comply promptly with the decision of the Ombudsman.
ii) Turismo de Portugal I.P at www.turismodeportugal.pt within 30 days of: (a) the end of the tour; (b) cancellation of the tour attributable to the AGENCY; (c) the date in which it became known that the tour could not take place, for reasons attributable to the AGENCY; (d) closing of the establishment.
iii) Any of the entities listed on the website of the Direção Geral do Consumidor at http://www.consumidor.pt
7.1 The AGENCY is responsible for luggage, in accordance with the law.
7.2 The CLIENT is obliged to lodge a complaint with the provider of the service at the moment of the subtraction, damage or destruction of the luggage.
7.3 In cases of damaged luggage during international transport the complaint should be lodged in writing with the service provider as soon as the damage is detected, or up to seven days following delivery. If the luggage is merely delayed, the complaint should be lodged within 21 days of delivery.
7.4 The lodging of the complaint complies with international conventions and is a necessary diligence for the AGENCY to be able to claim damages from the service provider.
8.1 The AGENCY’s responsibility is limited to the maximum demanded from service providers under the terms of the Montreal Convention of May 28th 1999 on International Air Transport and the Bern Convention on Rail Transport of 1961.
8.2 As far as maritime transport is concerned, the responsibility of Tourism and Travel Agencies towards their CLIENTS for services rendered in the field of transport or accommodation, when applicable, by maritime transport companies, in the case of damages resulting from wrongful intent or negligence will be limited to:
a) € 441.436, in cases of death or physical harm;
b) € 7.881, in cases of total or partial loss or damage to luggage;
c) €31.424, in cases of lost automobiles, including luggage contained therein;
d) €10.375, in cases of lost luggage, attended or unattended, contained in an automobile;
e) €1.097, for damages to luggage resulting from damages caused to an automobile.
8.3 If applicable, the responsibility of the Tourism or Travel Agencies for damage, destruction and loss of baggage or other items in tourism units during the CLIENT’s stay is limited to:
a) € 1.397, globally;
b) € 449 per item;
c) The value declared by the CLIENT regarding articles entrusted to the safekeeping of the tourism unit.
8.4 The AGENCY’s responsibility for non-physical damages can be contractually limited to the equivalent of five times the price of the service purchased.
9. TAXES AND BOOKING FEES
9.1 Each service booked through the AGENCY is subject to a service fee which will be confirmed before the reservation is finalized.
9.2 By the act of booking, the CLIENT accepts the indicated fee.
9.3 Regarding flights, the airport taxes are discriminated and presented apart from the cost of the ticket.
9.4 Some destinations have airport, entry, exit or local taxes which have to be paid locally and which are not included in the information provided in the search.
9.5 Some cities charge a tourism tax. Normally this expense is not included in the price of the accommodation and must be paid locally.
9.6 The CLIENT will be duly informed of the values referred to in 9.4 and 9.5 before finalizing the reservation.
10.1 It is the CLIENT’s responsibility to have all his personal or family’s paperwork in order, including personal identification, travel permits and visas, armed forces passes, travel permission for minors, certificates of vaccination or other documents which might be necessary. The AGENCY is not responsible for visa refusals or non-admission of the CLIENT in a foreign country and the CLIENT will be responsible for any cost this might imply.
10.2 Travelling in the European Union:
i) CLIENTS (regardless of age), travelling in the European Union should have their respective identification (Passport or Personal Identification); ii) In order to receive medical attention they should carry their European Health Insurance Card;
iii) Non EU citizens should request specific information at the embassies/consulates in their country of origin about what documents they need in order to travel.
10.3 Travelling outside of the European Union:
i) CLIENTS (regardless of age), travelling in the European Union should have their respective identification (Passport) and visa, if necessary (ask at the AGENCY when you make your reservation);
ii) Non EU citizens should request specific information at the embassies/consulates in their country of origin about what documents they need in order to travel.
10.4 Minors travelling with their parents, or duly authorized to travel with other adults, must have their own personal identification or passport.
10.5 Most countries which demand passports will require them to be valid for more than six months following the departure date.
11. CHANGES BY THE CLIENT
11.1 In cases in which the providers allow it, whenever a CLIENT, registered for a certain tour, wishes to change his reservation to another tour or to a different date, or any other change, an alteration fee will be charged.
11.2 However, when the change takes place 30 days or less before the departure date of the tour in which the CLIENT is already registered, or if the providers do not accept the change, the CLIENT will be subject to the costs and charges detailed in number 18. “Abandonment (termination)”.
11.3 Once the tour has started, if any change to the hired services is requested for reasons not attributable to the AGENCY (egg. Extended stay, flight change) the price of the tour services may no longer match those of the initial proposal.
12. ASSIGNMENT OF REGISTRATION (CONTRACTUAL POSITION)
12.1 The CLIENT can assign his registration, replacing himself with another person who fulfils all the required conditions for the tour, so long as the AGENCY is informed at least seven straight days in advance and provided the assignment is possible under the applicable terms and conditions for air travel. For cruises and long distance flights the minimum time for change is 15 straight days before departure.
12.2 Rebooking in this way renders the original traveller and the appointed replacement liable for the full cost of the tour price and the supplementary costs incurred by the change.
Whenever reasons beyond its responsibility justify it, the AGENCY can change the order of the routes, alter departure times or replace any hotels for others of the same category and with a similar location. The CLIENT should be informed of these changes as soon as the AGENCY is made aware of them.
14. CANCELLATION OF THE PROGRAM BY THE AGENCY
When the tour requires a minimum number of participants the AGENCY reserves the right to cancel the tour should the number of registered participants be inferior to the minimum required. In cases such as these the CLIENT will be informed of the cancellation in writing within seven days.
15. PRICE CHANGES (tour packages)
The prices quoted are based on the costs of services and exchange rates at the date of publication, and therefore are subject to changes resulting from fluctuations of transport or fuel costs, taxes, tariffs, fees and exchange rate fluctuations up to 20 days before the date of the tour. In cases of exchange rate fluctuations the new price will take into consideration the difference between the exchange rate at the date of publication and of the date when the CLIENT was informed of the change.
Once the service has begun no refunds will be owed for services not used by the CLIENT for reasons of force majeure or lack of favourable conditions for wave riding (surfing, bodyboarding or SUP) or for reasons attributable to the CLIENT, except refunds by the respective providers. The non-rendering of services for reasons attributable to the organizing AGENCY, and provided it is not possible to replace them with equivalent services, bestows upon the CLIENT the right to be reimbursed for the difference between the price of the hired services and the services effectively rendered.
17. FAILURE TO COMPLY
17.1 If before the departure date, and for reasons not attributable to the organising AGENCY, said AGENCY is not able to comply with any of the essential services included in the program, the CLIENT has the right to cancel the contract and to receive a refund for all payments or, alternatively, to accept a change and eventual price variation.
17.2 If the aforementioned facts determine the cancellation of the tour, the CLIENT can choose to participate on another tour of equivalent price. If the proposed substitute tour is of an inferior price, the CLIENT will be reimbursed of the difference.
18. ABANDONMENT (TERMINATION)
18.1 The CLIENT or any companions are free to cancel the tour at any time.
18.2 Said abandonment implies that the CLIENT is liable for payment of any costs which have been incurred by his cancellation or by the beginning of the contract, plus a percentage of up to 15% of the total for the tour.
18.3 If the situation requires it, the CLIENT will be reimbursed for the difference between the amount already paid and the amount of the abovementioned costs.
If for reasons not attributable to the CLIENT the AGENCY has to cancel the organized tour before the departure date, the CLIENT can choose between:
i) being refunded of all the amounts paid, or
ii) participating in another organized tour and being reimbursed for an eventual difference in price.
Under the terms of the applicable law the liability of the AGENCY is guaranteed by a civil responsibility insurance policy with Seguradora Fidelidade, policy number 9255445/001 in the amount of € 75.000,00. The AGENCY also contributes to the Travel and Tourism Guarantee Fund (FGVT - DL 61/2011 of May 6th, including the changes made by DL 199/2012 of August 24th).
21. MEANS OF PAYMENT
21.1 The following means of payment are available from the AGENCY:
• ATM reference;
• Credit Card;
• Pre-purchased products (Travel cheques, Vouchers etc.);
• Bank transfer* *Bank transfers are only possible for some services/products. Should the CLIENT wish to use this form of payment he or she should inform the travel agent dealing with the reservation.
21.2 The payment methods are indicated according to the type of service hired and may, in some situations, not allow for the means of payment indicated in.
21.3 The use of pre-purchased products such as Travel Cheques or others to pay for services is not automatic and requires the presentation of the original documents.
21.4 The travel documents are issued following payment and confirmation of receipt.
21.5 The AGENCY reserves the right to cancel reservations which have not been paid within the deadlines or in cases of suspicion of fraud.
21.6 In cases of suspicion of fraud using credit cards, the AGENCY may request the delivery of a copy of the card used and a copy of an identification document.
21.7 If a case of fraud is verified, the services will automatically be cancelled, regardless of the travel documents having been issued or the tour and/or stay having begun.
22. LEGISLATION AND JURISDICTION
Any conflicts arising out of the interpretation or execution of the present general conditions will be resolved according to Portuguese legislation.
The AGENCY provides Portuguese residents with the opportunity to purchase insurances depending on the tour in order to guarantee situations of assistance and cancellation expenses.
24. CHANGES TO GENERAL CONDITIONS
The AGENCY reserves the right to change the present General Conditions at any time, provided this proves necessary, the CLIENT is informed and before the reservation is confirmed. However, any changes will not affect confirmed reservations.
25. MISCELLANEOUS CLAUSES
Should any part or clause of the current General Conditions come to be rendered null or void, the other clauses will remain in force and their global validity will not be affected, unless it is possible to conclude that the parties would not have agreed to the rendering of services or the provision of the product had they been aware of the nullity or inefficacy of the clause in question.
• The remaining special conditions will be posted on the website and referred to in the proposals of each individual package – specific conditions – which are part of the tour contract;
• The present general conditions can be complemented by any other specific conditions so long as these are agreed upon by both parties;
• The program prices are based on the average value of the dollar, so any relevant change in this currency can imply a revision of the prices under the terms referred to in clause 15. “Price Changes”;
• Due to the constant fluctuation in oil prices, there might be changes to the fuel supplement included in the price, according to the terms referred to in clause 15. “Price Changes”;
• The hotel and boat categories on the website and in the proposals follow the quality regulations of the host countries and may be changed for similar hotels or boats if, for reasons not attributable to the AGENCY it is not possible to keep or to confirm an existing reservation. In these situations the AGENCY is obliged to inform the CLIENT as soon as this situation presents itself;
• When the “Open Boats” suffer malfunctions the operators will do whatever possible to resolve the malfunction as quickly as possible. The group will be taken to the peaks using the support boat during the time it takes for the repair. If the time necessary for the repair exceeds 48 hours the AGENCY and the local provider will try to find an alternative boat with similar characteristics. If no alternative boats are found the AGENCY will try to place the CLIENTS in a Guest House or accommodation equivalent to the category of the boat which had been reserved. If no alternatives are available, or if it is in the interest of the CLIENTS, the AGENCY will reschedule the return flight included in the program, at no extra cost, and upon return the CLIENT will be reimbursed for the days of the program which were not used.